Electrical cables & wires: uncertified and substandard items are dangerous!

Deadly live wires: Mohamed Idris showing electrical cables, a smartphone power adapter, a portable charger and an electrical socket splitter that do not carry Sirim labels.

GEORGE TOWN: Consumers are at risk of home fires or being electrocuted because an alarming number of electrical products not certified by Sirim Bhd are being sold openly, claims the Consumer Association of Penang (CAP).

CAP president S.M. Mohamed Idris said items like current converters, power adapters, chargers for computers and rechargeable batteries should be regulated as they handle electricity supplies at 240 volts and are potential explosives or could be fire hazards.

He expressed shock that the List of Regulated Electrical Equipment drafted by the Energy Commission (EC) does not include many common products.

“Even most electric cables do not have either EC or Sirim approval,” he said in a press conference at CAP’s office in Jalan Masjid Negeri yesterday.

He said the Electrical and Electronics Association of Malaysia (TEEAM) recently warned that many everyday electric cables in the market are made from poor quality materials.

“These substandard electric cables are prone to overheating and catching fire,” he said.

Mohamed Idris said despite stringent regulations, they find it surprising that electrical goods without EC or Sirim approval are being imported.

He urged EC and Sirim to review and expand their list of regulated products. “Authorities should also raid the market for electrical products that carry fake EC or Sirim certification,” he added. - The Star

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Ensure electrical cables are Sirim approved, homeowners told

PETALING JAYA: Homeowners should check the type of electrical cables used in their houses to ensure no substandard wires are installed.

Substandard cables are likely to cause fire-related accidents, said The Electrical and Electronics Association of Malaysia vice president Stan Lim.

“There is a huge price difference between high quality cables and those of poor quality, so owners should first check the quotation to see if the price is too good to be true.

“During renovations, for example, they should check the wiring material themselves and make sure they are approved by Sirim,” he said when contacted.

Sirim is a national organisation that determines standards and quality of products.

Lim explained that common conductors for electrical cables consisted of copper and aluminium, but substandard wires contained other metals.

Because of that, electrical conductivity through substandard cables would be poor, eventually leading to overheating and fire.

“Substandard cables do not go through stringent checks like the quality ones.

“They are not designed, constructed, test-approved, installed or used in accordance with the right standards and specification,” he said.

Lim also urged consumers to only engage contractors who were certified by the Energy Commission or a government authority, as there were unscrupulous contractors looking to make quick money.

“Industry players need to uphold ethical practices, and ensure that they only use certified products for their clients.

“Homeowners should also be vigilant, as wrongly executed wiring or extension can cause overload and heating, which could start a fire,” he said.

The Star highlighted recently on the need to avoid using substandard cables, which, according to Lim, were already flooding the market.

At the time, Lim advised houseowners to also test the residual circuit breaker every month.

“Open up the board, look for the button with the “T” and test it every month by pressing the button.

“If it causes the electricity to trip, then it is working. Then, push it back. If it is not working, it will need to be replaced,” he said.

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Substandard cables can cause fire in homes, says association

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http://clips.thestar.com.my.s3.amazonaws.com/Interactive/incaseoffire/incaseoffire.mp4

PETALING JAYA: Houseowners have been advised to ensure that the electrical cables they use in their homes meet the required standards because substandard cables can cause fires.

The advice comes from the Electrical and Electronics Association of Malaysia (TEEAM), which cautions that a lot of poor quality material has flooded the market.

“The common conductors for electrical cable are mainly made of copper and aluminum but some of the substandard wires are made of other metal.

“If other materials are used instead of the two, the electrical conductivity is not good and this will lead to overheating and fire,” said association vice-president Stan Lim in an interview.

Lim said substandard cables were not designed, constructed, test-approved, installed or used in accordance with the prescribed standards and specification.

On Monday, four people died in a fire which razed a double-storey terrace house in Subang Jaya.

Lim said that people should use cables that are certified and professionally recognised for the specific application and avoid using undersized and non-Sirim approved cables. Sirim is a national organisation that determines standards and quality of products.

He advised those doing house renovations to use contractors certified by the Energy Commission or a government authority.

A wiring or electrical extension plan that was not done properly could cause an overload and heating, and trigger a fire.

A spokesman from the Selangor Fire and Rescue Department was reported as saying that the department was alerted about the incident at Jalan USJ 2/3 at about 5.30am and 80% of the house was completely burnt by the time they arrived.

Lim also said houseowners should also test the residual circuit breaker every month.

“Open up the board, look for the button with the “T” and test it every month by pressing the button.

“If it causes the electricity to trip, then it is working. Then, push it back. If it is not working, it will need to be replaced,” he said.

Standards Users Association of Malaysia CEO Ratna Devi said that the cable industry had revealed that copper wires are now expensive and some of the imported ones used uncertified mixed materials, with compromised insulation properties or fake certification.

“These are fire hazards because they cannot conduct electricity well. Consumers often are not aware of this as they did not buy the cables for their homes. So, for renovations, they need to ensure that they use a licensed contractor for wiring,” she said.

Ratna said consumers should also make sure that any electrical appliance they buy is certified and should have the Energy Commission and Sirim’s sticker on it.

http://www.thestar.com.my/news/nation/2017/02/09/substandard-cables-can-cause-fire-in-homes-says-association/~/media/dc1ef24442034b63b72397fd309ec875.ashx

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Two women suspects in Kim Jong-nam assassination remanded for seven days

KUALA LUMPUR: Two women arrested in connected with the assassination of Kim Jong-nam, the half-brother of North Korean leader Kim Jong-un, have been remanded for seven days.

Selangor police chief Comm Datuk Seri Abdul Samah Mat said the two women have been remanded until Feb 21 to assist in the investigations.

One of the women has a Vietnam passport bearing the name Doan Thi Huong while the other has an Indonesian passport bearing the name Siti Aishah.

“They have been remanded. So far, there is no press conference as a press statement have been issued. We will update if there is anymore development,” Abdul Samah told The Star Online.

At 11.05am, Magistrate Sharifah Muhaymin Abd Khalib was at the Sepang police headquarters to grant the police's application to remand the woman with the Vietnam passport.

Jong-nam, 45, was killed by two women who splashed his face with a chemical at the KLIA2 departure hall at about 9am on Monday. He was about to leave for Macau.

The women later got into a taxi and fled.

One of the women, who has the Vietnam passport, was arrested at the airport on Wednesday when she tried to board a flight out.

The woman with the Indonesian passport was arrested at 2am on Thursday.

Police are looking for four men who were in the company of the two women at the airport when Jong-nam was killed.

By Farik Zolkepli and Joash Ee De Silva The Star/|ANN

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Call on the Government to downsize the country’s bloated civil service

Sheriff: ‘Government bureaucracy has grown so big that it’s not only taking up too much resources but creating many failures in our finance economy

KUALA LUMPUR: One of Malaysia’s former top civil servants has called on the Government to consider downsizing the country’s bloated civil service, while it still can.

Malaysia has the highest civil servants to population ratio in the Asia-Pacific, employing 1.6 million people or 11% of the country’s labour force.

And that could be a problem Malaysia may not be able to sustain if it runs into a financial crisis, said Tan Sri Mohd Sheriff Mohd Kassim, the former Finance Ministry secretary-general and Economic Planning Unit director-general.

He said if the Government was really set on keeping the national deficit at 3%, it needed to look at retrenching employees, particularly in the lower levels of the civil service, to cut spending.

“Government bureaucracy has grown so big that it’s not only taking up too much resources but creating many failures in our finance economy. There are just too many rules and regulations that the public and private sector have to live with,” he told a delegation of economists, politicians and government officials at the Malaysian Economic Association’s forum on public sector governance.

He advised Malaysia to begin downsizing the civil service, “better sooner than later” if it wanted to avoid running the risk of falling into a Greece-like crisis, where the European country had to cut salaries and was unable to pay pensions for its civil service.

Drawing examples from the recent Malaysia Airlines restructuring, where 6,000 people were retrenched, Mohd Sheriff said it was better to let staff go now and compensate them with retrenchment packages while the Government can still afford it.

“It may cost the Government a heavy expenditure now but it is worthwhile to do it now while we can still afford it and not until we are forced into a financial crisis like Greece.

“We don’t want to be in that situation. I think we should do it gradually. It is kinder to do it now with incentives than to suddenly cut their salaries and pensions at a time when they can least afford it,” he said.

Malaysia is expected to spend RM76bil in salaries and allowances for the civil service this year, on top of another RM21bil for pensions. Efficiency and corruption dominated talks on the civil service at the forum, held at Bank Negara’s Sasana Kijang.

Mohd Sheriff, who is also former president of the Malaysian Economic Association, said these issues have been around since his time in the civil service decades ago though not much has changed due to a lack of political will.

In jest, he suggested Malaysia emulate United States President Donald Trump’s idea on downsizing the US civil service by closing down two departments of the Government if it wanted to open another one.

He also suggested that Parliament create a committee to monitor the performance of top civil servants and give them the ability to retrench these officers if they fail to meet their marks.

“In many countries, even Indonesia, they have committees to hold Government leaders to any shortcomings on policy implementations and projects.

“These are the kinds of checks and balance we need to make our civil servants aware that they are being monitored for their work and they can be pulled out at any time,” he said.

Finance Minister II Datuk Johari Abdul Ghani had said Malaysia’s ratio of civil servants is one to 19.37 civilians and that the high number of Government staff had caused expenditures to balloon yearly.

As a comparison, the ratio in Indonesia is 1:110, in China it is 1:108, in Singapore it’s 1:71.4 and in South Korea the ratio is 1:50.

Despite this, Johari said there were no plans to reduce the number of civil servants.

By Nicholas Ccheng The Star

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For the love of Datuk titles

 

 3 (and more) people we didn't know HO

Zunar’s cartoon reflects the glut of titles in society. Image from Aliran Monthly.

IF there’s one Malaysian practice that needs reviewing, it has to be this – the long salutations, thanks to the titles of prominent individuals, at the start of speeches during functions.

I can never understand why addressing the audience as “distinguished guests” isn’t good enough. Surely, the audience would be happy to be called distinguished. Or maybe even just “Ladies and Gentlemen”.

Malaysians, however, have to cringe and listen to speakers formally addressing each and every titled person at functions.

We begin with “Tan Sri Tan Sri, Puan Sri Puan Sri, Datuk Seri Datuk Seri, Datin Seri Datin Seri, Datuk Datuk, Datin Datin and distinguished guests”.

And this before the speaker even begins honouring the more important guests by actually naming them one by one, along with their long titles, honorifics and designations.

All these can take up to 10 minutes before the person finally gets to the actual speech.

Welcome to Malaysia. This is another practice which reflects our obsession with formality and titles. It may sound medieval and strange to visitors to Malaysia but this is the done thing here, presumably because some ego-inflated titled individual got offended when his title was not mentioned in a speech.

But alas, the whole thing has become a mockery of sorts. The intention, good as it may be, is actually offensive to the other equally important guests, those with no titles.

They have ended up at the bottom of the pack, in the category of “tuan tuan dan puan puan” or “ladies and gentlemen.” To put it in perspective, without us realising, this is like the category of “dan lain-lain” or “others” which many Malaysians have stood up against.

One would understand it if such a practice is carried out in a palace where protocols are strictly adhered to but surely, not in ordinary functions?

For one, it takes up precious time when most of us just want to get on with the business of the day or in many instances, get on with the dinner. Please, at 8.30pm, most of us are hungry already.

Many times, guests are made to wait, especially when the guest of honour arrives late. By the time the VIP gets there, and thanks to the long and winding speeches, dinner is finally served – at 9.30pm or 10pm.

One wonders why the VIP has to be ushered into a holding room – another peculiar Malaysian practice – before he makes his grand entrance into the ballroom.

I have attended enough events in Britain and the United States, where VIPs would just walk straight into the function hall without any fanfare.

In London, then mayor Boris Johnson cycled to the opening of a property development site and in Sydney, the mayor parked his car a short distance away and walked to the venue!

He introduced himself to his (very) surprised Malaysian audience – and of course, there was no entourage fussing around him to make him look important, another one of our local standard operating procedure.

To be fair, not all of our VIPs are spoilt silly. Sometimes, it is their officers who make a fuss over these formal arrangements to the event’s host.

Those in the royal circles, who have a career in protocol, push even harder – even when the heads of states themselves do not demand it. His Highness Sultan Sharafuddin Idris Shah of Selangor does not even allow waiters to get the napkins ready for him before his meals, insisting on doing it himself.

The Ruler drives his own car often to functions and tells his police motorcade not to put the sirens on because to him, there was no need to put on such a display of importance.

The Sultan of Johor, Sultan Ibrahim Ibni Almarhum Sultan Iskandar, sportingly poses for selfies with his subjects often, sending his security and protocol officers into a frenzy many times.

And most of the time, he drives his car himself. Often, he makes a stop and have a meal at roadside shops, without prior notice. For breakfast, he goes to a mamak restaurant for roti canai quite regularly, again without fuss or advance notice.

At the Cabinet level, Datuk Mustapa Mohamed, the Minister of International Trade and Industry, is certainly the most down-to-earth minister from Umno.

Travellers taking the ERL from KL Sentral to KLIA often see Mustapa travelling alone or taking a flight on Economy Class home to Kelantan. He does not see the need to shout about it or have his officers post a picture on Instagram to get publicity.

Permodalan Nasional Bhd chairman Tan Sri Abdul Wahid Omar insisted on moving around on his own, without the need for bodyguards, when he was in charge of the Economic Planning Unit (EPU). The same can be said of Datuk Seri Idris Jala, who is now chief executive officer of the Performance Management and Delivery Unit (Pemandu).

Perhaps their non-political background helps but having said that, there are corporate figures who are even more status-conscious than politicians.

And seriously, what do Malaysian VIPs do with gifts or “token of appreciation” items presented to them at the end of every function? Yep, they are probably gathering dust in some room filled to the brim with other such items in Putrajaya.

At one time, there was a proposal that only a basket of fruits be given as it was more practical but it never got off the ground.

Likewise, this article will have no impact on the issue.

I wish to thank the “Tun Tun, Toh Puan Toh Puan, Tan Sri Tan Sri, Puan Sri Puan Sri, Datuk Seri Datuk Seri, Datin Seri Datin Seri, Datuk Datuk, Datin Datin, tuan tuan dan puan puan yang dihormati sekalian” for reading this.

On The Beat By Wong Chun Wai  

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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Where is your Datukship from, Datuk? The trouble with titles

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DURING big festive celebrations such as Hari Raya Aidilfitri, Deepavali and the recently celebrated Chinese New Year, it is common to see families with a few generations gathered together.

Our grandparents, parents, uncles and aunties would talk about the legacies left by our ancestors, and the stories often attract a lot of attention whether from the young or old.

Perhaps, the topic of leaving a legacy is something worth sharing as we embark on a brand new year.

For years, I have been touched by the catchy tagline of a renowned Swiss watch advertisement, “You never actually own a (the watch brand), you merely look after it for the next generation”.

While most of us can relate to the thought, not all of us can indulge in such luxurious watches or be interested in buying one. However, at some point in time, we may be looking at buying a property to pass down to our younger generations.

Whenever the topic of leaving a legacy is brought up, I would recall the lesson that I learnt from my late father. My father embarked on a long journey from China to Malaysia at the age of 16. With years of hard work and frugality at his peak, he managed to own a bus company, the Kuala Selangor Omnibus Co.

Other than his bus transport business, he only invested in his children’s education and real estate. He financed seven of his eight sons to have an overseas university education, and when he passed away, he also left four small plots of land in Klang and a company which had 34 buses.

As I look back now, what my late father invested in unintentionally was very beneficial to me when I came back from my studies as an architect. With the land he handed down and the knowledge he equipped me with, I intuitionally got myself involved in small real estate development, and later founded my property development company, Sunrise, in 1968.

Many people have thought of leaving a legacy. The crucial questions often asked are, when should we start planning for it, and how should we go about it?

For financial planning and investment, I always believe that the earlier we start, the better off we are. The same goes to leaving a legacy.

If you plan to buy a property, it is advisable to start earlier as it is more affordable to buy it now as compared to 10 or 20 years down the line especially with rising costs and inflation in mind. You can start with what you can afford first and focus on long-term investment.

It is proven that property prices appreciate over a period of time, especially when we plan to hand over assets to the next generation that easily involves a 20- to 30-year timeline.

As a developing nation which enjoys high growth rate, Malaysia’s property values will also appreciate in tandem with the economic growth in the long run.

Nowadays, we often hear youngsters comment on the challenges of owning a house due to the rising cost of living. I believe that besides starting with what you can afford, it is also important to plan your financial position wisely and to differentiate between investment and spending.

Investing in properties, commodities, shares, etc. is also a form of savings which can help to grow your wealth and to leave a legacy. On the other hand, money spent on luxury items may depreciate over time from the day you buy them. If we can prioritise investment over expenditure, it is easier and faster to achieve our financial goals.

So, if you haven’t already started to plan, do consider leaving a legacy by buying a house first before a luxury car, branded bags or expensive gadgets, as the latter are considered ‘luxury’, not necessity.

Even if you may not have a spouse or children at this point in time, it’s better to start now than later, as our financial commitments tend to grow bigger as we progress into the next stages of our lives.

Most of us hope our lives matter in some way that can make an impact on our loved ones. The idea of leaving a legacy can take many forms, such as equipping the younger generations with knowledge and values, or leaving them fond memories.

Those are all important to work on and they leave a footprint to those lives you touch. If you are also planning to hand over physical gifts, always remember to start earlier with what you can afford, and focus on long term investment.


By Food for Thought Alan Tong

Datuk Alan Tong has over 50 years of experience in property development. He was the world president of FIABCI International for 2005/2006 and awarded the Property Man of the Year 2010 at FIABCI Malaysia Property Award. He is also the group chairman of Bukit Kiara Properties. For feedback, please email feedback@fiabci-asiapacific.com.

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Where is your Datukship from, Datuk? The trouble with titles

https://youtu.be/xHCpTyBHzQM

 

Click to view graphic http://clips.thestar.com.my.s3.amazonaws.com/clips/news/2017/mainx_lazar1002_Award.PDF

Malaysia is in danger of becoming a nation with the most number of decorated people

THIS has to be a record of some sort – a notorious gang of 60 hardened criminals including four low-level politicians with the titles of Datuk and a Datuk Seri, has been netted in a series of swoops.

The Gang 360 Devan gang, involved in murder, drug-pushing, luxury car theft and hijacking, has to be the gang with the most number of titled leaders.

Then, there is also the leader of the notorious Gang 24 – a Datuk Seri – who was among 22 men held in another spate of arrests.

Last December, a gang leader known as Datuk M or Datuk Muda was shot dead by his bodyguard while they were driving along the Penang Bridge. The Datuk was a detainee at the Simpang Renggam centre.

A day later, a video went viral showing a heavily tattooed man being violently beaten up by a group of men believed to be gangsters, at the late Datuk’s funeral.

Three days ago, there was a series of arrests by the Malaysian Anti-Corruption Agency (MACC) which saw a number of Datuks being arrested and charged.

If we hold the record of being the country which has the highest ratio of government servants, we may also soon be the country with the most number of titled people.

And if we are not careful, we could well be a country which has the most titled criminals.

The people being conferred a Datukship seem to be getting younger and some are surprisingly under 30 years old, which begs the question – what have these youngsters contributed to society to deserve such titles?

Last October, Singapore’s Straits Times carried prominently a news report of a teenager who purportedly became the youngest “Datuk” in the country.

“The image that went viral shows the apparent recipient of the title standing in a crowded waiting room while dressed in ceremonial attire with the caption reading: “Youngest Dato in Malaysia ... 19 years.”

The Malaysian media, which carried the news earlier, has not been able to verify the age of the person in the photo. And no one has denied the authenticity of the article, not even the person in the photo, who may actually be older than he looks.

Regardless of which state these titles are from, many Malaysians rightly deserve the recognition from the royal houses because of their community work, in various forms.

One or two states, especially Pahang, seem to be more generous in conferring awards while states like Selangor, Johor, Perak, Sarawak and Kelantan are more stringent in their selection.

The Selangor state constitution states that only a maximum of 40 Datuk titles can be conferred each year.

The Sultan of Selangor Sultan Sharafuddin Idris Shah has imposed stricter conditions – including the minimum age of 45 – for a person to be conferred the state’s Datukship, to limit the number of recipients and protect the image and dignity of the awards.

In the case of Johor, Sultan Ibrahim ibni Almarhum Sultan Iskandar has expressed his frustrations openly, saying sarcastically “that it has come to a point that if you throw a stone, it will hit a Datuk and when the stone rebounds, it will hit another Datuk”, to illustrate the point that Malaysia is in danger of becoming a nation with the most number of decorated people.

While the increasing number of people with the Datuk title has long been a contentious issue, what Malaysians are concerned about is the number of such titled persons being involved in crime.

Pictures of a certain Datuk with a visible tattoo on his hand, purportedly depicting his gang allegiance, have long gone viral on social media.

Malaysians are asking whether royal houses submitted the names of potential recipients to the police for vetting before conferring them with titles. This is a practice of the Sultan of Selangor. If that were the case with every state, criminals would not have been awarded.

I have complete faith in the ability of our police force. They will carry out their duty of checking the background of such people if asked to do so.

But what is taking place now in Malaysia is also a reflection of our people’s obsession with titles, honorifics and even fake academic titles.

Our former deputy prime minister, the late Tun Ghafar Baba, was just plain Encik, until the day he retired from office.

In Tunku Abdul Rahman’s first Cabinet, after we achieved independence, only five of 15 ministers were made Datuks.

The finance minister at the time, Tan Siew Sin, only held the title of Justice of Peace – which is recognised in Commonwealth countries.

Penang’s first Chief Minister, the late Wong Pow Nee, had no title until he retired, after which he was made Tan Sri. Another was the late Gerakan president Dr Lim Chong Eu who only became Tun upon retirement.

In short, things were pretty simple back then, with proper methodology when it came to conferring decorations, medals and titles. But not today.

There are now so many variations of the Datuk titles – Datuk Seri, Datuk Sri, Datuk Paduka, Dato’, Datuk Wira and Datuk Patinggi (depending on the states) – it has become confusing, even to members of the media.

There are now calls from some titled people that the press should use their titles accurately. I can only imagine the number of corrections the media has to deal with if mistakes are made and some snooty individual gets upset.

In the 1970s, the media decided to standardise how these title holders should be addressed by calling them all “Datuk”. The press also decided to call the Datuk Sri from Pahang “Datuk Seri”.

It is just impossible to check every single title or pre-fix when naming a person.

The reporter does not ask the police where the criminal suspect got his Datukship. Neither can we ask the Datuk criminal as he is being led to the courts in handcuffs, “Where is your Datukship from, Datuk” ?

Besides Brunei, the Malaysian press must be the only one that includes the titles of individuals. Well, there is the British media but they only address those who are knighted with the title “Sir”.

The royalty shouldn’t be the only party blamed for the increasing number of Datuks. Malaysians are willing to go to all lengths to buy the titles, even from bogus sources.

But the titles must not be bestowed on any one with a criminal record or it makes a mockery of this honour.

By Wong Chun Hai The Star/ANN

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In this file photo taken on 30 June 2016, Penang Chief Minister Lim Guan Eng and business woman Phang Li Khoon was seen in Penang Sessions Court. Lim was charged with two counts of corruption. The High Court here today fixed March 7 to unveil its decision on a motion filed by two accused parties in the corruption case of Chief Minister Lim Guan Eng, who are seeking a declaration that Section 62 of the Malaysian Anti-Corruption Act is unconstitutional. Pix by Danial Saad

Men of law: DPP Masri (right) leading the prosecution team out of the courtroom after the day’s proceedings.

Court to rule on ‘violation’ motion ahead of CM corruption trial

GEORGE TOWN: The High Court here will rule on March 7 whether Section 62 of the Malaysian Anti-Corruption Commission Act 2009 is in violation of the Federal Constitution.

Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon want Section 62 to be declared unconstitutional as they claim it is against the tenet of “considered innocent unless proven guilty.”

Penang High Court judge Datuk Hadhariah Syed Ismail set the date after the defence and prosecution made their arguments.

Lim and Phang are facing charges under the MACC Act in relation to the sale and purchase of a bungalow in 2014 and separately filed the motion to declare Section 62 a violation of the Federal Constitution in early January.

Phang’s counsel Datuk V. Sithambaram said Section 62 must be struck down as “it is contrary to a right to fair trial and is in violation of the fundamental rights of the accused.”

He argued that the section infringes the accused’s constitutional right under Article 5(1) and Article 8(1) of the Federal Constitution.

“Section 62 of the MACC Act requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.

“However, the right of an accused to be presumed innocent and right to silence are encapsulated in the Federal Constitution.

“Article 5(1) declares that no person shall be deprived of life or liberty save in accordance with law and Article 8(1) dictates that all persons are equal before the law and entitled to the equal protection of the law.

“The court has not called for defence and yet the prosecution is asking for the statement of defence, even before the court decides. This is against the presumption of innocence,” he told the court yesterday.

Gobind Singh, acting for Lim, said the provision favours the prosecution and discriminates against the rights of the accused.

He argued that Section 62 restricted the defence of the accused person by excluding the right of an accused to expand his defence further and produce further documents at the trial.

“It is against the provisions of equality under Article 8 of the Federal Constitution.

He also said the accused could be subjected to criminal consequences under Section 68 of the MACC Act for failing to comply with the Act’s provisions and be penalised under Section 69 of the MACC Act.

DPP Masri Mohd Daud said Section 62 of the MACC Act is not discriminatory and is procedural and a general provision.

“The Act does not stop the defence from making further submissions other than those which had been submitted,” said Masry.

“The arguments that Section 62 contradicts Article 5 of the Con-stitution is far-fetched! Article 5 refers to, among others, the rights to consult a lawyer and the rights to be informed of the grounds for an arrest.”

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.

Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard between March and July.

Phang is respresented by Sithambaram, Hisyam Teh Poh Teik and A. Ruebankumar, while Lim by Gobind, Ramkarpal Singh Deo, R.S.N Rayer and Terence Naidu.

By Chong Kah Yuan The Star/Asia News Network

Related:

MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 - SPRM

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